Judge denies Mountainside Fitness' request for restraining order to block Gov. Ducey's executive order

A judge has denied Mountainside Fitness' request for a temporary restraining order that would block Governor Doug Ducey's executive order closing gyms across Arizona amid rising COVID-19 cases.

In his ruling on July 7, Judge Timothy Thomason said Mountainside Fitness "has also not shown that it will be irreparably injured" by Governor Ducey's executive order.

Attorneys for both Mountainside Fitness and EOS Fitness argued in court via telephone as to why their clients should be allowed to stay open.

EOS Fitness is part of the lawsuit but did close on June 30 in accordance with the executive order.

Tom Hatten, CEO of Mountainside Fitness, released a statement following the judge's decision:

“It’s a disappointing day and not the outcome or decision we had hoped for. We respect Judge Thomason’s decision and the due process for this hearing. We will still be continuing our fight for Mountainside Fitness and other businesses across Arizona as we hope to prevail in the coming days when we go to court,” said Hatten.  We will temporarily close our doors today at 2:00 pm as per the EO on June 29th and alert all 1500 employees and 105,000 members that their jobs and memberships have been once again been placed on hold. However, I have decided to pay all MSF employees through the 26th of July.”

Hatten previously said during a news conference on July 3 that he would not close his gym.

Gov. Ducey's executive order states that all gyms, bars, movie theaters, and tubing must close for 30 days due to increasing coronavirus cases in Arizona.

Life Time also refused to close its doors but finally did so on July 3.

The state Department of Health Services on July 7 reported 3,653 newly confirmed cases and 117 additional deaths. But 52 of those were from checking death certificates and confirming the deaths resulted from COVID-19.

Hospitalizations, use of ventilators, and ICU beds in Arizona all reached alarming new records. There were more than 3,300 suspected or confirmed in-patient COVID-19 hospitalizations on July 6. Roughly 544 ventilators and nearly 870 ICU beds were in use. Hospital capacity statewide was at 90%, health officials reported.

The number of infections is thought to be far higher because many people have not been tested, and studies suggest people can be infected with the virus without feeling sick.

The Associated Press contributed to this report.

In order to protect yourself from a possible infection, the CDC recommends: 

  • Avoid close contact with people who are sick.
  • Avoid touching your eyes, nose, and mouth.
  • Stay home when you are sick.
  • Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
  • Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe.
  • Cover your mouth and nose with a cloth face cover when around others
  • Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing.
  • Monitor your health daily

MAP: Worldwide interactive Coronavirus case data

MAP: Arizona Coronavirus cases by zip code

FULL COVERAGE: fox10phoenix.com/coronavirus

CDC: How coronavirus spreads, symptoms, prevention, treatment, FAQ

Arizona COVID-19 resources, FAQ: azdhs.gov/coronavirus

On CoronavirusNOW.com, you'll find extensive coverage about COVID-19, including breaking news from around the country, exclusive interviews with health officials, and informative content from a variety of public health resources.

Symptoms for coronavirus COVID-19 include fever, coughing, and shortness of breath. These, of course, are similar to the common cold and flu. 

Expect a common cold to start out with a sore or scratchy throat, cough, runny and/or stuffy nose. Flu symptoms are more intense and usually come on suddenly, and can include a high fever. 

Symptoms of COVID-19 may appear more slowly. They usually include fever, a dry cough and noticeable shortness of breath, according to the World Health Organization. A minority of cases develop pneumonia, and the disease is especially worrisome for the elderly and those with other medical problems such as high blood pressure, obesity, diabetes or heart conditions.

RELATED: Is it the flu, a cold or COVID-19? Different viruses present similar symptoms

Right now there's one big difference between flu and coronavirus: A vaccine exists to help prevent the flu and it's not too late to get it. It won't protect you from catching the coronavirus, but may put you in a better position to fight it.

To protect yourself, wash your hands well and often, keep them away from your face, and avoid crowds and standing close to people.

And if you do find yourself showing any of these flu or coronavirus symptoms - don't go straight to your doctor's office. That just risks making more people sick, officials urge. Call ahead, and ask if you need to be seen and where.